HomeMy WebLinkAboutTelstar Instruments - Contract - Bid 12400442 - Upgrade Controller #1 & #5 Regional Wastewater - 02-01-24lJ)
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CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a
California municipal corporation (City), and Telstar Instruments, a California company
(Contractor) as follows:
1. Contract Documents. The "Notice Inviting Bids," "Instructions to Bidders," "Bid
Proposal," and the "Specifications" including "General Conditions," "Special Conditions," and
"Technical Specifications" for the following: TC00180 Upgrade of Programmable Logic
Controller #1 and #5 at Regional Wastewater Reclamation Facility (Bid File No. 12400442)
copies of which are annexed hereto, together with all the drawings, plans, and documents
specifically referred to in said annexed documents, including Performance and Payment Bonds,
if required, and are hereby incorporated into and made a part of this Contract, and shall be
known as the Contract Documents.
2. Price and Work. Forthe monetary consideration of Seven Hundred Thirty Seven
Thousand Dollars and 01100 Cents ($737,000.00)(Base Bid.), as set forth in the Bid Proposal,
Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike
manner, under the direction and to the satisfaction of the City's "Engineer," and in strict
accordance with the Specifications, all of the work as set forth in the Contract Documents.
3. Payment. The City accepts the Contractor's Bid Proposal as stated and agrees to
pay the consideration stated, at the times, in the amounts, and under the conditions specified in
the Contract Documents.
4. Indemnification. To the furthest extent allowed by law including California Civil
Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its
officers, officials, employees, agents and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but
not limited to personal injury, death at any time and property damage) incurred by City,
Contractor or any other person, and from any and all claims, demands and actions in law or
equity (including attorney's fees and litigation expenses), arising or alleged to have arisen
directly or indirectly out of performance of this Contract. Contractor's obligations under the
preceding sentence shall apply regardless of whether City or any of its officers, officials,
employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability,
fines, penalties, forfeitures, costs, or damages caused by the active or sole negligence, or willful
misconduct, of City or any of its officers, officials, employees, agents, or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this
Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents, and volunteers in accordance with the
terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section
6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees
to comply therewith.
6. Worker's Compensation Certification. In compliance with the provisions of Section
1861 of the California Labor Code, Contractor hereby certifies as follows:
A231023 2023-06 DPW No Fed Div 1 1.21 Rev. 06.23
I am aware of the provisions of Section 3700 of the California Labor Code
which require every employer to be insured against liability for worker's
compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of work of this Contract and will make my
subcontractors aware of this provision.
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year
here below written, of which the date of execution by City shall be subsequent to that of
Contractor's, and this Contract shall be binding and effective upon execution by both parties.
TELSTAR INSTRUMENTS,
a California company
By:
Name: Ky it A - �Tohnsc-cyi
(Type or print written signature)
Title: V i Ce Pre.6 id errt
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated: JQ 'W 0Lf
By:
Name: 15et'ija Mih R. .
(Type or print written signature)
Title:
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
Dated: -Fe r wZrV Z022
CITY OF FRE O
a Californ= � pJ1 corporation
By:
VO;L
E
ruction Manager
Capital Projects Department
Dated: I -
ATTEST:
TODD STERMER, CMC
City Clerk
By: - 3 7 26 Zy
Deputy
No signature of City Attorney required.
Standard Document #2022-11 DPW-S Formal
Bid Contract - Public Work of Improvement has
beAn used wAout modification as certified by
Debra McG I
Construction Compliance Specialist
Capital Projects Department
City address:
City of Fresno
Attention: Debra McGary,
Construction Compliance Specialist
Capital Administration Department
747 R Street-2"d floor
Fresno, CA 93721
A231023 2023-06 DPW No Fed Div 1 1.22 Rev. 06.23